UNITED STATES V. PLEAU
680 F.3d 1 (1st Cir. 2012)
NATURE OF THE CASE: Pleau (D) sought judicial review of the decision ordering him,
pursuant to 28 U.S.C.S. 2241(c)(5), to be delivered into federal custody to answer a
federal indictment.
FACTS: A federal grand jury indicted D for the robbery and murder of a gas station
manager making a bank deposit in Woonsocket, Rhode Island. D was in Rhode Island state
custody on parole violation charges and is now serving an 18-year sentence there for parole
and probation violations. The federal government invoked the Interstate Agreement on
Detainers Act ('IAD'). Rhode Island's governor refused the IAD request because of his stated
opposition to capital punishment. The federal government then sought a writ of habeas corpus
ad prosequendum from the district court to secure custody of D--this being the traditional
method by which a federal court obtained custody. Codifying common law practice, the statute
authorizing the writ empowers a federal court to secure a person, including one held in
state custody, where 'necessary to bring him into [federal] court to testify or for trial.'
28 U.S.C. 2241(c)(5). The federal district court in Rhode Island ordered D to be delivered
into federal custody to answer the federal indictment. D appealed and also petitioned the
court for a writ of prohibition to bar the district court from enforcing the habeas writ.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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